NZ should comply with ILO Convention, says Law Society
Proposals to change accident compensation regulations could increase the amount of co-payment required by injured people to the cost of treatment for their personal injuries, the New Zealand Law Society says.
The Law Society says this is because the amount actually charged for treatment is generally more than the amount payable by the Accident Compensation Corporation under the Injury Prevention, Rehabilitation and Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003, and the injured person is required to pay the excess.
The possible increase is highlighted in comments to the Department of Labour’s Policy and Research Group on the proposed changes.
“In the case of persons suffering work-related injuries this emphasises the ongoing breach by successive New Zealand governments of the provisions of ILO Convention 17 which has been ratified by New Zealand,” the comments state.
Article 9 of the Convention provides that the cost of medical aid for injured workers will be defrayed either by employers or by insurance institutions.
The Law Society says that in April 2001, New Zealand’s Cabinet agreed to seek compliance with Article 9 “over time”. However, little progress has been made to ensure that the medical costs of work-related injuries are not borne by workers.
The Society’s comments recommend that when regulations are being made, international conventions to which New Zealand is a ratifying party should be taken into account.
“Therefore the Law Society recommends that ACC legislation, including the Regulations, should be amended to comply with ILO Convention 17 and to provide that employees injured at work are not required to contribute to the cost of medical treatment for those injuries.”